Marginal note:Right of superficie
136. (1) For the purposes of this Part, a right of superficie is a right in land that entitles the holder of the right (referred to in this section as the “superficiary”) to construct and own buildings on the land.
Marginal note:Termination of a right of superficie
(2) In addition to terminating through the operation of paragraphs 134(2)(a) and (b), a superficie granted under section 132 shall be deemed to expire if the band becomes the superficiary, or if there is a total loss of the land subject to the superficie.
Marginal note:Restoration of land to initial state
(3) Unless otherwise agreed to in writing by the band and the superficiary prior to the expiration of the term of a superficie, the superficiary shall, at his own expense and prior to the expiration of the term of the superficie,
(a) remove or demolish any building owned by him on the land; and
(b) restore the land as near as possible to the state that it was in at the commencement of the term of the superficie.
Marginal note:Notice to band of intended demolition
(4) At least ninety days before demolishing a building pursuant to paragraph (3)(a), the superficiary shall give notice to the band of his intention to demolish the building.
Marginal note:Band may elect to purchase building
(5) A band shall, within forty-five days after receiving a notice referred to in subsection (4), give notice to the superficiary as to whether the band elects or does not elect to purchase the building, and, where the band fails to give such notice within that period, it shall be deemed to have elected not to purchase the building.
Marginal note:Effect of band’s election to purchase building
(6) Where the band elects under subsection (5) to purchase the building, the building becomes the property of the band at the time when the band gives notice to the superficiary of its election to purchase the building, and the band shall forthwith compensate the former superficiary in an amount to be agreed on between the band and the superficiary or, where no agreement can be reached, at the fair market value.
Marginal note:Registration of notice of election to purchase
(7) Where, pursuant to subsection (5), a band gives notice to the superficiary that it elects to purchase the building, the band shall cause a copy of that notice to be registered in the land registry system established by Part X, but non-compliance with this subsection does not affect the validity of the notice.
Marginal note:Where superficiary does not comply with subsection (3) and band does not purchase building
(8) Where a band does not elect to purchase the building pursuant to subsection (5) and the superficiary fails to comply with subsection (3), then the building becomes the property of the band on the expiration of the term of the superficie, with no compensation payable to the superficiary.
Marginal note:Removal and demolition of building
(9) Where a band removes or demolishes a building within one year after becoming the owner thereof pursuant to subsection (8), the former superficiary is liable for reasonable costs incurred by the band in so removing or demolishing the building and in restoring the land, within that one year period, as near as possible to the state that it was in at the commencement of the term of the superficie.
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